Welcome to IntellectoKids, a studio of designers, developers, artists and instructors building a suite of educational mobile games for kids. IntellectoKids Ltd, a company operating under IntellectoKids brand name (“IntellectoKids”, “we”, “us” and “our”), operates the website located at at http://intellectokids.com (“Site”) and mobile and tablet applications designed to encourage a child’s early learning through games (the “Applications” and collectively with the Site and all services provided through the Site and Applications, the “Services”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services whether you are simply a “Visitor” (which means you are just browsing the Site) or a “Subscriber”, which means you have downloaded an Application. Collectively, Visitors and Subscribers are referred to as “Users” or individually as a “User” or “you”.

These Terms of Use were last updated on May 24th, 2018.

KIDS, IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THESE TERMS OF USE ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THESE TERMS OF USE.
BY ACCESSING INTELLECTOKIDS’s SERVICES, DOWNLOADING AN INTELLECTOKIDS’s APPLICATION OR CONTINUING TO USE THE SERVICES, YOU ACKNOWLEDGE THAT: (1) YOU ARE AT LEAST 18 YEARS OF AGE OR ANY OLDER LEGAL AGE REQUIRED TO FORM A CONTRACT IN YOUR JURISDICTION; (2) YOU HAVE THE RIGHT, AUTHORITY AND LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; (3) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO YOURSELF AND ANY MINOR CHILD AUTHORIZED BY YOU.

IF YOU OR YOUR PARENT/LEGAL GUARDIAN DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW AND DO NOT ACCESS OR USE INTELLECTOKIDS’s SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USE OF THE SERVICES INCLUDING VISITING WWW.INTELLECTOKIDS.COM.

A Note to International Users

The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that we intend to announce such Services or Content in your country. We make no representations that Services are appropriate or available for use in your country. Those who access or use the Services from the jurisdictions where we do not operate do so at their own volition and are responsible for compliance with local law.

A Note About Children

The Applications are designed for the whole family, including young children under parent supervision. The Site is just for parents. We share your concern for the privacy of children and do not knowingly collect any personally identifiable information about children through the Applications. We do use third party analytics services that collect anonymous information about usage of our Services as more fully described in our Privacy Policy.

Acknowledgement / Apple App Store

This paragraph is intended to apply to you if you have downloaded the Application(s) from the Apple App Store. IntellectoKids and you acknowledge that these Terms of Use are concluded between IntellectoKids and you only, and not with Apple Inc. (“Apple”), and as between IntellectoKids and Apple, IntellectoKids, not Apple, is solely responsible for the Services and the content thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support the Services. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/internet-services/itunes/us/terms.html#APPS). You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

These Terms of Use incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple (located online at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/). For purposes of these Terms of Use, the Services are considered the “Licensed Application” as defined by the LAEULA and IntellectoKids is considered the “Application Provider” as defined in the LAEULA. If any terms of these Terms of Use conflict with the terms of the LAEULA, the terms of these Terms of Use shall control.

User’s Acknowledgment and Acceptance of Terms of Use

IntellectoKids provides the Services to you, the User, subject to your compliance with these Terms of Use, as well as any other written agreement between us and you.

Although we may attempt to notify you when major changes are made to these Terms of Use, you acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms of Use from the date of posting forward. Your continued use of the Services after a modification has been made to the Terms of Use constitutes your acceptance of such modification.

You may not use the Services for commercial purposes or in any way that is unlawful, or harms IntellectoKids or any other person or entity.

User Information and Privacy Policy

IntellectoKids’s collection, use and disclosure, if any, of information collected from you or a child authorized by you is detailed in the IntellectoKids Privacy Policy (published at www.intellectokids.com/privacy), which is incorporated by reference and made a part of these Terms of Use.

User Account

YOU ACKNOWLEDGE AND AGREE THAT SHOULD INTELLECTOKIDS PROVIDE THE ABILITY TO CREATE A USER ACCOUNT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO ANY ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF INTELLECTOKIDS. IntellectoKids does not recognize the transfer of any account or user profile. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Terms, either in whole or in part, without the prior written consent of IntellectoKids. Any attempt to do so shall be void and of no effect.

Conduct Through the Service

You are solely responsible for your conduct through the Services and agree that you will not:

4.1. Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Services any:

material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by IntellectoKids in its sole discretion;

material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others;

files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Site, Services, other users’ access to the Site or Services and/or other users’ computers.

4.3. Violate any applicable laws or regulations, or promote or encourage any illegal activity.

4.4. Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or a IntellectoKids representative.

4.5. Gain or attempt to gain unauthorized access to the Services, Site, to other users’ account or profile information, or to computer systems and/or networks connected to the Services or Site.

4.6. Make false reports through the Services or to IntellectoKids’s administrators.

4.7. Take any action that imposes or may impose (as determined by IntellectoKids in its sole discretion) an unreasonable or disproportionately large load on IntellectoKids’s (or its Affiliates’ or third party providers’) infrastructure.

4.8. Engage in fraudulent transactions.

4.9. Establish more than one account to participate in Services.

4.10. Use the Services for any form of wagering or gambling.

You are also solely responsible for your interaction with other users of the Services, whether online or offline. You agree that IntellectoKids is not responsible or liable for the conduct of any user. IntellectoKids reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information. You also hereby agree that you are responsible for all data charges you incur through use of the Services.

Intellectual Property Information

5.1. Content

“Content” is defined as all digital material including, without limitation information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Services. This includes support forums, message boards, chat, and other original content. IntellectoKids owns, or has a license to, all right, title and interest in the IntellectoKids Content it makes available through the Services. Except for any rights specifically enumerated as being licensed to you hereunder, IntellectoKids reserves any and all of its rights to the IntellectoKids Content. You are only permitted to use the IntellectoKids Content as expressly authorized by IntellectoKids or the specific Content provider.

5.2. Specific License and Restrictions

By use of the Services you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Site, Applications, Services or Content in any way inconsistent with the rights of use provided by IntellectoKids herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of IntellectoKids; (iii) attempt to access source or object code of the Site, Applications or Services, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Services; (v) create code, software or other program that incorporates any elements of the Services; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Services for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Services in any way.

5.3. Your Grant of Rights

If IntellectoKids provides the ability for you to submit Content to the Services, you acknowledge that you are the owner of any Intellectual Property rights in any such Content that you submit, or have sufficient rights to submit the Content to the Services without infringing any third-party rights. IntellectoKids does not claim any ownership rights in any Content that you may submit or offer through the Service. However, to the extent you submit any Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to IntellectoKids to:

use, reproduce, distribute, remove, and analyze any of your Content as IntellectoKids may deem necessary or desirable for any purpose in connection with the operation of the Services, and

copy, modify, and reproduce your Content for marketing, promotional and/or other purposes in connection with IntellectoKids or the Services in any media, and

use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other user in connection with any feature of the Services, and

delete any or all of your Content from the Services, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and

enable the Services or users of the Services to share or post your Content on third party sites, such as, without limitation, on social networking sites.

5.4. Submission of Ideas

To the extent that you submit, via the Services or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Services, you agree that such Ideas are non-confidential and non-proprietary, and IntellectoKids shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant IntellectoKids, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Services, or any IntellectoKids product or service, without compensation or accounting to you and without further recourse by you.

Charges and Billing

6.1. Paid License

To the extent that IntellectoKids establishes aspects of the Services are only available to those users opting for additional paid licenses and you elect to use such paid aspects of the Services, you agree to the pricing, payment and billing policies applicable to such fees and charges as described on www.intellectokids.com. THE PURCHASE OF ANY PAID LICENSE IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR USE OF THE SERVICES FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICES.

6.2. Fees

You agree to pay all fees or charges incurred by you or any child authorized by you, including applicable taxes, in accordance with these Terms of Use and the billing terms that are in effect at the time that the fee or charge becomes payable. You acknowledge that IntellectoKids may utilize certain third-party providers to collect or otherwise process any such fees and charges. Any additional, separate charges or obligations you directly incur with said third-party are your responsibility. INTELLECTOKIDS MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION, GOODS AND/OR SERVICES PROVIDED BY ANY THIRD-PARTY. Unless otherwise indicated, all prices are in United States Dollars and do not include Internet service provider, telephone, and other connection charges.

Third Party Websites and Information

The Services may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under IntellectoKids’s control, and you acknowledge that IntellectoKids is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is IntellectoKids responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.

Advertisement

Our Services may, at some point, include advertisements for parents, which may be targeted to the content or information on the Services, queries made through the Services, or from other information. The types and extent of advertisements on the Services are also subject to change over time. In consideration of our providing you with the Services, you agree that we and our third party
providers and partners may place advertisements on our Services or in connection with the display of content or information on our Services. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

Premium Services

From time to time, IntellectoKids may provide additional features and/or Services that you pay for (“Premium Services”). IntellectoKids may also offer from time to time in its sole discretion, certain Premium Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in these Terms of Use to the Services include the Premium Services.

Payments for Premium Services or In-App Purchases

If you purchase any Premium Services or make any purchases within the Application (such purchases, the “In-App Purchases”), you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by IntellectoKids or the online application store from which you downloaded the Application (the “Application Store”). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing services and/or method. If you purchase Premium Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium Service is terminated. You agree that if you purchase Premium Services or make any In-App Purchases through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of services or other legal agreement that governs your use of a given payment processing services and/or method, and in no event will IntellectoKids have any responsibility in connection with any of the foregoing. You may request a full refund for any Premium Service or In-App Purchases purchase from an Application Store if permitted by, and pursuant to the refund rules of the Application Store.

Technical Support

If you are having a technical problem with the Services, including any Application, you may ask for technical support by writing to support@intellectokids.com. When writing to us, please be sure to tell us which Application you’re using, where in the Application it crashed, and the device you’re using. We’ll do our best to help you solve any technical problem, but we don’t warrant, and specifically disclaim, that we will be able to resolve all technical issues.

Procedure for Alleging Copyright Infringement

IntellectoKids will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act.

12.1. Notification of Alleged Copyright Infringement

If you believe in good faith that materials hosted by IntellectoKids infringe your copyright (for example, materials posted by a user on the Services), you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:

Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Services are covered by a single notification, you may provide a representative list of such works on the Services, however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;

Identification of the URL or other specific location on the Services that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them;

The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section 8.1, your DMCA notice will not be valid.

You must submit any notification of an alleged copyright infringement to IntellectoKids’s DMCA Agent by fax, mail, or email as set forth below:

This contact information is for DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.

Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Services are infringing a copyright.

12.2. Counter Notification

If you believe in good faith that your own copyrighted material has been removed from the Services as a result of mistake or misidentification, you may submit a written counter notification letter to IntellectoKids’s DMCA Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:

Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;

A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or the judicial district where IntellectoKids is located if your address is outside the United States;

A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent;

Your name, address and telephone number;

A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or Site location and will no longer be shown or accessible; and

Your physical or electronic signature.

You acknowledge that if you fail to comply with all of the requirements of this Section 8.2, your DMCA counter notification will not be valid.

You may submit your counter notification to IntellectoKids’s DMCA Agent by fax, mail, or email as set forth below:

This contact information is for DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.

If a counter notice is received by IntellectoKids’s DMCA Agent, we may send a copy of the counter notification to the original complaining party informing that person that IntellectoKids may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against IntellectoKids or the user, the removed content may be replaced or access to it restored by IntellectoKids.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.

12.3. Account Termination

Please be aware that it is IntellectoKids’s policy to terminate the user accounts of repeat infringers. If you believe that a user is a repeat infringer, please follow the requirements above, but also include information or evidence that will reasonably prove to IntellectoKids that the user is a repeat infringer.

If you provide false information to IntellectoKids regarding any of the above notifications, counter-notifications or repeat infringer notifications, IntellectoKids may immediately terminate your user account and you may be subject to legal and equitable remedies.

Disclaimer of Warranties; Limitation of Liability

Neither IntellectoKids nor its Affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “IntellectoKids Parties”) warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided through the Services.

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

INTELLECTOKIDS MAKES NO COMMITMENT TO UPDATE ITS SERVICES. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, APPLICATIONS AND SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

YOU ACKNOWLEDGE AND AGREE THAT THE INTELLECTOKIDS PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICES OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INTELLECTOKIDS IS TO STOP USING THE SERVICES, AND TO DELETE ANY DOWNLOADED APPLICATION(S). IN NO CASE SHALL ANY LIABILITY OF THE INTELLECTOKIDS PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL THE INTELLECTOKIDS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE INTELLECTOKIDS PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Indemnification

You agree to defend, indemnify, and hold IntellectoKids and its Affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Services, or those of any child authorized by you; (b) any violation of these Terms of Use by you or any child authorized by you; or (c) any allegation that any content that you or any child authorized by you make available via the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. IntellectoKids reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with IntellectoKids in asserting any available defenses.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with IntellectoKids must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Services Termination, Suspension and Changes

Although it is IntellectoKids's intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

IntellectoKids reserves the right to terminate (including withhold or revoke the awarding of any prizes), suspend, or change any service or feature of the Services at any time, for any reason or no reason, with or without notice to you. ADDITIONALLY, INTELLECTOKIDS MAY terminate AND/OR suspend your USE OF THE SERVICES FOR violation of these Terms of Use or VIOLATION OF any other policy related to SERVICES (INCLUDING THE POLICIES OF AFFILIATES ACCESSIBLE BY THE SERVICES). Without limiting the foregoing, your access to the Services may be terminated without warning if IntellectoKids believes, in its sole discretion, that you are under the age of eighteen (18) years but do not your parent’s or guardian’s permission to register for and/or access the Services. You agree that IntellectoKids shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and YOU WILL HAVE NO FURTHER ACCESS TO THE SERVICES AND SHALL HAVE NO RIGHT TO ANY REFUND OF ANY MONIES PAID TO INTELLECTOKIDS.

Survivability of Terms

The Terms of Use set forth herein continue to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate and discontinue use of the Services at any time, pursuant to the terms of this Terms of Use. The provisions of Sections 1, 2, 3, 5 through 11, 13 through 24 shall survive any termination of this Terms of Use.

Assignment

IntellectoKids may assign these Terms of Use, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without IntellectoKids’s express prior written consent.

Governing Law

The Services (excluding any linked websites) is governed by the laws of the United States of America. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site, Applications and Services. Although the Services may be accessible worldwide, we make no representation that materials on the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. You and IntellectoKids agree that any cause of action arising out of or related to the Services shall be heard under New York law and must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this Terms of Use or any of the transactions contemplated herein or related to the Services or any contests or services thereon will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. IntellectoKids will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us, if any. You may send any notice to IntellectoKids to the addresses listed below.

If the Dispute is not resolved through informal negotiations the Dispute shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. Such Dispute shall be arbitrated within thirty (30) days of the appointment of the arbitrator, unless the parties agree otherwise in writing. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you or in the State of California where IntellectoKids is located. For residents outside the United States, any arbitration shall be initiated in the State of California using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

The parties agree that any arbitration shall be limited to the Dispute between you and IntellectoKids individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

If you have a dispute with another user of the Services, you release IntellectoKids (and IntellectoKids’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. IntellectoKids, at its sole discretion, may try to help resolve disputes between users; however, it has no obligation to do so.

Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. The parties agree that all correspondence relating to this Agreement shall be written in the English language. Notices to IntellectoKids must be sent to the attention of Customer Service at support@intellectokids.com, if by email, or to IntellectoKids at the address below if by conventional mail. Notices to you may be sent to the email or mailing address supplied by you as part of your account or user profile, if any. In addition, we may broadcast notices or messages through the Services to inform you of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

These Terms of Use constitute the entire agreement and understanding between IntellectoKids concerning the subject matter of the Terms of Use and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and IntellectoKids. To the extent that anything in or associated with the Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Severability

If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Miscellaneous

Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by IntellectoKids with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.